The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1887-07-20
JUDGE D. l. WARDLAW.
NOTES OF ABBEvILLE's DISTINGUISHED
JURIST.
Governor b. F. Perry in his Talk el
Great Men writes an Interesting
Article,

governor b. r. Perry In nf8 Talk OF
Great Men writes an Interesting
| Article.
Greenriue Enterprise and Mountainee,., June
IL. 1878.
Judge Wardlaw, an eminent lawyer, legis-
lator and Jurist, q high-toned and honorable
Knew him for the qualities OF his head and nd
heart, departed this life a short time since,
full OF years and full OF honors. The distin.
guished men OF South Carolina, they who
gave character to the State and made her
proudly eminent amongst her peers. in
past and better age, are dropping off one by
one, as If their pure spirits could bear no
longer the present disqualification and degra-
dation OF her people. Long will 1t be under
the present corrupt regime and dishonored
public sentiment, before we cnu hope to see
their like again In high and honored posi-
the times, in which Judge Wardlaw was
| crowned with the honors Of the State, for his
purity Of character, learning, talents and pa
triotic service, and the present age In which
all these high and uoble qualities are barriers
to distinction in public life.
My acquaintance with Judge Wardlaw
commenced In 1924. He was then q young
lawyer with high reputation at the bar.
case in which Judge Earle had been employ.
| ed, but felt a delicacy In conducting as the
defendant had been acting under his legal ad.
vice In the case for which he was then sued "a
|
sociabiiity. IFS argument in MI the " case was was
clear. lucid and able as all OF his speeches at
the bar were IN after life. I had many occa.
SONS, after my admission to the bar, to feel
the force and power OF his intellect and learn
ing. When Judge Earle was elected to the
Bench, Judge Wardaw took his place and
fell heir TO his professional business in part.
nership with William Choice, Esq. He at.
| tended Greenvile Court regularly Till he was
promoted to seat on the Bench. We were
very often employed on different sides OF
the same case, and some times employed on
the same side of the same case. This frequent-
ly happened In capital cases. Our associa.
tion In the Legislature, was likewise for many
years. For more than twenty-five years I
had the pleasure Of practioing before him as a
Judge Our acquaintance, thus Intimate,
wanted but one year at his death, Of being a
| half century.
had the pleasure of forming the acquain.
tance Of Judge Wardlaw's venerable father
The spring after my admission to the bar.
He wnS then Clerk Of the Court Mt Abbeville,
and had been for many years. He was elected
by the Legislature, and continued In office
during pleasure or good behavior. He was, a
| remarkably fine looking courily old gentle.
man. and reminded me every time looked ut
him Of the likeness Of Jefferson. There was
something strikingly similar in their features.
He was tai and commanding In his appear.
ance, and much larger man than any OF his
sons. He lived to good old age, and resi.n-
ed the office of Clerk, many years before his
dcuth.
Judge Wardlaw Is said to have been the frst
child born In the village OF Abbcville. But
| this must he q mistake as the county was
laid out In 1857, and "a court house, Jail, pill
lory and whipping post" ordered to be erect
cd on some suitable place, selected for coun-
ty seat. The Judge was not born til 100, and
| 1t would be an exiraord nary circumstnne for
q village to exist ten or twelve years in South
Carolina without Il birth In it! But he was
born. lived all bis life, died in the seventy
fifth year OF his aye, in the village of Ahbe-
Vile. How few great men in America have
done this? Indeed there is not one man,
great or humble, In ten thousand who has
done 50. 1t was said by an English writer,
who travelled in the United States, that the
Americans were born moving, lived moving,
and died moving! Judge Wardlaw was edu-
Gated at DR.. WaddellS famous school at VII
lington, In Abbeville District, where Cnlhonn,
Crawford, McDuffie, Petigru, Legarp. Long
street, and a host of other great men received
their classical education. At this schnol
| Judge Wardlaw was distinguished, though Il
small boy, for his excellence in public speak
ing. He entered the South Carolina College
very young. and graduated with the first
| honor Of his class. What Is remarkable, his
| brother, Chancellor Warllaw, graduated the
! next year in the same college. and received
| the first honor Of his class. This, will VEN
ture to say, has rarely happened in any other
family In South Carolina. or the United
States.
Judge Wardlaw read law in the office of
Governor Noble, and formed n partnership p
with him after his admission to the Bar.
They continued in partnership till it. was
| manifest the interest OF hoth to dissolve II.
1nsfend o: having only one side ofa case, by
practicing separately. they might he employ
ed on both sides. Whilst they were partners
in law, one was President of the Stale Sen
Representatives. As u lawyer, Judge Ward
law had few equals In the state. He was
we'll read In his profession, took great pains
in preparing hts cases and always argued
them with great ability. He spoke well, flu
emily and logically, and his language was
| always chaste and correct. He was not a re-
hemenL or impassloned speaker, and never
INDUCED in rhetorical displays, either at the
| Bar or In tb7 Legislature. Ills mind was
essentially logical.
In 1926, think II was he was elected Speak
| er OF the House OF Representatives. Col.
| Davis, Col. McCcrd and Judge Wardlaw were
were twenty or thirty Union members OF the
| House. at that time, and We had conSulta-
| ton as To whom we should cast our votes for
| for Speaker. I urged the claims of Judge
Wardlaw, and 1t was finally determined that
we would all unite on him, This elected him.
Never was there presiding officer OF that
House who discharged the onerous duties OF
| the chair, with more ability. impartialty and
dispatch, Or more to the satisfaction OF its
members He was courteous, dignified and
prompt. No one understood parliamentary
usage better than he did. Whilst Speaker he
compiled n hook of rules for the government
Vi Tile t1OuSe UuuSG w was III ho
sense OF the word, politician, but q states
man, wise and patriotic. governed by prnci-
| pie, and the conviction OF his own judgment.
When he once took his position, he was i'm
movable, neither popular clamor, nor party
! interest could swerve him. I remember, in
1860, when the revolutionary ball was set in
motion, Judge Wardlaw SAW the ruin and
misery which would be the consequence to
the State. There was large and excited pub
lie meeting at Abbcvilo Court House. He
attended the meeting and addressed 1t. The
| friends Of separate secession attempted to put
him down, and silence him by angry demon
strations. But boldly and unflinchingly be
told them he would speak and portray the
evils which they were about to bring on their
country. Like a true patriot he did all he
could to prevent the issue, but when 1t was
made. his duty and love OF country made him
sustain 1t with all his power and influence.
| AS a Judge he was eminent among his
| learned associates on the Bench. / thought
| he was the model of a circuit Judge: He was
familiar with all of our statutes and the decls-
ions of our courts He was also profoundly
read in all the law, of the common law, and
well acquainted with the decisions of the
English courts. On the Bench he was patient,
labor.ous, courteous and dignitied. His opin-
ions In the court of Appeals as reported In
our Law Reports. are monument OF his
,o,r,,i,1 ohility and research Their lam